by Matthew Johnson | Jun 4, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution
By Sue Gerber and Matt Johnson – Under 35 U.S.C. § 314(a), the PTAB has discretion to deny institution of an inter partes review. In certain circumstances, the PTAB will discretionarily deny a petition because another petition challenging the same patent was...
by Matthew Johnson | May 31, 2024 | Claim Construction, Federal Circuit Appeal, PTAB News, PTAB Trial Basics
By Chris Dorsett and Lisa Furby – During an inter partes review (IPR) initiated by Ingenico, the PTAB found certain claims from three patents held by IOEngine to be unpatentable. The patents at issue are directed to secure communications for portable devices...
by Matthew Johnson | May 30, 2024 | PTAB News, PTAB Trial Basics
By Zachary Marshall-Carter, Daniel Sloan, and Matt Johnson – The PTO has issued a Notice of Proposed Rulemaking regarding who may represent parties in PTAB post-grant trials. The proposal is part of the USPTO’s wider initiative to expand access to practice...
by Matthew Johnson | May 24, 2024 | Claim Construction, PTAB News
By Lauren Kim and Matt Johnson – The PTAB recently denied 10x Genomics, Inc.’s (Petitioner) IPR petition (IPR2023-01299) against President and Fellows of Harvard College (Patent Owner) challenging claims of U.S. Pat. No. 11,098,303. Patent Owner identified...
by John Evans, Ph.D. | May 23, 2024 | Design Patents, Federal Circuit Appeal, PTAB News
By John Evans and Jesse Wynn – The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach . . . for determining non-obviousness.” LKQ v. GM,...
by Matthew Johnson | May 16, 2024 | Claim Construction, PTAB News, PTAB Trial Basics
By Hannah Mehrle and Matt Johnson – The Board declined to institute inter partes review because Petitioner failed to identify adequate corresponding structure in the challenged patent that performed the function of claim limitation that was to be construed...
